Local Government Act 1976 [Act 171]

Part XI   cite [+]

BURIAL PLACES, CREMATORIA AND EXHUMATION

94 Local authority may provide burial grounds and crematoria and issue licences for the same   cite [+]

(1) A local authority may provide suitable places within or without the local authority area to be used as burial grounds or crematoria and shall make proper provision for maintaining the same.

(2) A local authority may, in its discretion, issue licences for the use of other places within the local authority area for the burial or cremating of corpses.

(3) Every licence for the use of a place as a burial ground or crematorium shall be issued to the registered proprietor of the place in respect of which the same is issued.

95 Penalty for unlawful burials   cite [+]

(1) Except as provided for in subsection 94(3), any person who buries or cremates or causes, procures or suffers to be buried or cremated any corpse or the remains of any corpse or prepares any place to be used for the burial or cremating of a corpse in or upon any place, not being a burial ground or crematorium provided by the local authority under subsection 94(1) or a burial ground or crematorium licensed under subsection (2) thereof, or in or upon any burial ground or crematorium which has been closed by order of the local authority under section 96 shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both such fine and imprisonment and the Court may, by a written order under its seal, direct such person within a time to be fixed in such order-

(a) to remove the corpse or remains of the corpse in respect of which the offence has been committed from the place where it has been buried or cremated to a burial ground or crematorium provided or licensed by the local authority under this Act; and

(b) to remove any structure erected in contravention of the provisions of this section and to restore the ground to its original state.


(2) Any person who refuses or neglects to obey such order shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit or to a term of imprisonment not exceeding six months or to both such fine and imprisonment and to a further fine not exceeding one hundred ringgit for each day during which such offence is continued after conviction and the Court may order the execution thereof by the local authority at the expense of such person.

96 Power to close burial grounds and crematoria   cite [+]

If at any time it appears to the local authority that-

(a) any burial ground or place of burial or any place used for the cremating of corpses is in such a state as to be dangerous to the health of the persons living in the neighbourhood; or

(b) such burial ground or place of burial or crematorium or any part thereof-

(i) is noxious or offensive or unfit for use as a burial ground or crematorium;

(ii) cannot be further used for the burial or cremating of the dead without danger to the public health; or

(iii) is being used in contravention of the conditions of the licence,


the local authority may order the same or such part thereof to be closed or may revoke the licence thereof, as the case may be, and thereafter it shall not be lawful to use the same as a place for the burial or cremating of corpses.

97 Exhumation of corpses   cite [+]

(1) No person shall within the local authority area exhume any corpse or the remains of any corpse otherwise than-

(a) by order of a Magistrate's Court for the purpose of a judicial enquiry; or

(b) under a licence granted by the local authority authorizing such exhumation and after payment to the local authority of such fee as may be determined by the local authority with the approval of the State Authority:


Provided that no licence shall be granted under the provisions of paragraph (b)-

(i) where the cause of death was an infectious disease as defined in any written law relating to quarantine and the prevention of diseases; or

(ii) in the case of a corpse that has been buried for less than five years, unless the local authority is satisfied that there are special reasons requiring the exhumation.


(2) Any person who exhumes or causes to be exhumed or permits to be exhumed any corpse or the remains of any corpse contrary to this section or who shall neglect or fail to observe any precaution prescribed as a condition of the licence to exhume or who fails to comply with any reasonable directions issued to him by a local authority for the purpose of preventing danger to the public health shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to a term of imprisonment not exceeding one year or with both.

98 Power to make by-laws   cite [+]

The local authorities may make by-laws for the inspection and regulation of burial grounds and crematoria within and without the local authority area provided by the local authority under subsection 94(1) and as to the depth, length and width of graves and places of interment therein and generally to carry out the provisions of this Act in relation to all matters connected with the good order of such burial grounds and crematoria, due regard being had to the religious usages of the several classes of the community.

99 Keeping of registers   cite [+]

(1) The owner, trustee or person in charge of every burial ground and crematorium shall keep or cause to be kept a register in which shall be entered the name, sex, age, religion, residence and, as far as possible, the cause of death of every person whose body is brought to such burial ground or crematorium and shall permit the local authority or any officer duly appointed by it to inspect such register and make copies thereof or extracts therefrom.

(2) Any person who, being the owner, trustee or person in charge of any burial ground or crematorium-

(a) omits to enter the above particulars referring to any person whose body is brought there;

(b) does not show such register to the local authority or its duly appointed officer;

(c) prevents the making of copies or extracts; or

(d) falsifies such register,


shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five hundred ringgit or to imprisonment for a term not exceeding three months or to both.

100 Non-application of other written laws   cite [+]

On the coming into force of this Act, any written law relating to burials shall cease to have any effect within any local authority area or in respect of any burial ground or crematorium provided without any local authority area under subsection 94(1).


Important Notice: Legislation from this website is not a copy of the Gazette printed by the Government Printer, Percetakan Nasional Malaysia Berhad, for the purposes of section 61 of the Interpretation Acts 1948 and 1967 [Act 388] and does not constitute prima facie evidence of the contents of the Gazette by virtue of the section.

SEARCH LEGISLATION
Title:


Number: